Protocol and Practice of Persons Appearing in the Court of Judge Daniel Martin

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

Welcome to the Multi-Defendant Calendar (MDC) in the Criminal Department. Anyone appearing in a multi-defendant case should be familiar with Administrative Order (AO) No. 2021-127, which governs complex cases.  
 
Any case with three or more co-defendants will be assigned to the MDC. Every MDC case is presumed to be complex, and will be designated as complex at Arraignment, Initial Pretrial Conference, or Complex Case Scheduling Conference.  
 
COMPLEX CASE SCHEDULING CONFERENCE  
 
The Complex Case Scheduling Conference will typically be set at the Initial Pretrial Conference. At least two business days prior to the Complex Case Scheduling Conference, the parties must file a Joint Case Management Plan. Please refer to the Initial Pretrial Conference Minute Entry or AO No. 2021-127 (Attachment A) for a list of the issues that must be addressed in the Joint Case Management Plan. The Court expects that the parties will meet and confer and present a detailed plan for the management of the case. Joint Case Management Plans that do not provide a detailed plan may be rejected.  
 
Complex Case Scheduling Conferences are in-person proceedings. Attorneys and their clients must be present unless previously excused by Order of the Court.  
 
At the Complex Case Scheduling Conference, the Court will set a trial date and establish a Case Management Conference schedule. The Court will conduct regular Case Management Conferences every 45-60 days.  
 
If a co-defendant in a multi-defendant case has other matters pending (either active cases or probation violation cases), counsel should so advise the Court at the Complex Case Scheduling Conference or in the Joint Case Management Plan. These matters will be re-assigned to the MDC and will be managed in concert with the associated multi-defendant case.  
 
CASE MANAGEMENT CONFERENCES  
 
Regular Case Management Conferences ensure that each case proceeds to resolution on a timely basis. At least two business days prior to each Case Management Conference, the parties must file a Joint Case Management Report. Please refer to AO No. 2021-127 (Attachment A) for a list of the issues that must be addressed in the Joint Case Management Report. The Court expects that the parties will meet and confer and present a detailed report as to (1) the progress made since the last Case Management Conference (or Case Scheduling Conference, as applicable), and (2) the activities expected to be completed before the next Case Management Conference. Joint Case Management Reports that do not provide a detailed description of case activity may be rejected.  
 
As a general rule, Case Management Conferences will be non-appearance hearings. The Court recognizes the logistical difficulties posed by multi-defendant cases. However, the Court cannot conduct effective case management without detailed Joint Case Management Reports. Accordingly, parties who do not submit detailed joint reports can expect that the Court will set their Case Management Conferences as in-person proceedings. Even with detailed reports, the Court may, from time to time, set an in-person Case Management Conference in order to address particular issues that have arisen. The parties should expect that any Case Management Conference that precedes the Final Trial Management Conference will be an in-person proceeding.  
 
Attorneys and their clients must be present at all in-person Case Management Conferences unless previously excused by Order of the Court.  
 
SETTLEMENT CONFERENCES  
 
The Court encourages the parties to participate in settlement conferences as early in the proceedings as possible. The Judicial Officers assigned to the MDC will conduct settlement conferences in MDC cases upon request by the parties (though parties are free to schedule settlement conferences with any available Judicial Officer).  
 
MOTIONS TO CONTINUE  
 
Motions to continue trial beyond the last day must be submitted in writing, show extraordinary circumstances, and demonstrate why delay is indispensable to the interests of justice. Rule 8.5, Ariz. R. Crim. P. Motions to continue should, as a general rule, state the positions of all other parties to the case.  
 
A NOTE ABOUT TIME  
 
The Court recognizes that attorneys representing clients in the criminal department have many demands on their time. That said, the Court expects that counsel will manage their calendars so as to meet the deadlines set forth in Court Orders. By way of example, if Joint Case Management Reports are due at least two business days prior to a Case Management Conference, the Court expects to have them in hand by that deadline. The Court further expects counsel to be on time for in-person proceedings. If counsel find themselves delayed, they should email the applicable judicial division and provide a reasonable estimate as to when they will be available.  
 
COMMUNICATING WITH THE DIVISION  
 
The Court encourages communication via email, provided that all parties to the case are copied. Counsel should feel free to copy the Court via email on documents that are filed to ensure timely delivery and review (particularly Joint Case Management Plans and Joint Case Management Reports).  
 
The Division’s Judicial Assistant is Alissa McCabe. She can be reached at Alissa.McCabe@jbazmc.maricopa.gov. The division phone number is 602-372-2925.  
 
SPECIFIC REQUIREMENTS OR PREFERENCES  
 
I hold attorneys to very high standards of professionalism and decorum. Remember, you are not just an advocate for your client, you are also an officer of the Court. Act accordingly.  
 
General rules of practice in this Division:  
 
Live by the Golden Rule – treat others as you would have them treat you.  
 
Be respectful (especially to staff).  
 
Be professional.  
 
Be prepared.  
 
Be prompt. I will try very hard to start and end on time.  
 
The Court’s time is extremely limited. Brevity is not just a virtue, it’s a necessity.  
 
When possible, the Court will issue detailed rulings on motions. My general philosophy is that all parties benefit when you know exactly what I am thinking. However, be aware that due to time constraints, rulings in many cases will be of a more summary nature.  

Pre-Trial Practice and Management Issues

Motion Practice

If you have a motion or request that you would like to have addressed immediately, please direct it to my judicial assistant, Alissa McCabe. E-filed documents are not instantly available to the divisions. Requests for expedited consideration should be used sparingly. Any request for expedited relief should state the position of the opposing party.  
 
Please start or end your motion by telling me exactly what you are requesting, and include a clear proposed form of order.  
 
I rarely take issue with extensions or other time accommodations. But, if the parties agree to extend filing deadlines, please let the Division know so we can track the briefs.

Other Pre-trial Practice Guidelines or Comments

We know that there are many demands on an attorney’s time, and will do our best to accommodate your schedules. In most cases, we set hearings to begin at a time certain because of the need to coordinate among multiple parties in a multi-defendant case. If you cannot be present at the time set, please let my JA or CA as soon as possible.

Trial Practice and Protocol

Trial Schedule

The Court relies on the time the parties or attorneys estimate for trial, and expects that trials will be done within the estimated time.  
 
Morning calendar begins at 8:30 a.m. and, on days I am in trial, runs until about 10:15 a.m. Trial is from 10:30 a.m. - noon and 1:30 p.m. - 4:30 p.m. Absent extraordinary circumstances, the Court does not run into lunch or after 4:30 as that is an imposition on court staff.  
 
When I am in trial, I am very mindful of the jury’s time. To that end, the Court expects counsel to be ready to go exactly at the scheduled time.  
 
I have an electronic courtroom which includes an Elmo, numerous screens, and ports allowing the use of laptop computers. I like technology, and encourage parties to take advantage of the Court's resources. If you have any doubt about your ability to get your computer to work with a minimum of delay, make an appointment to play with our system before you have to do it in front of a jury.

Jury Selection

The Court uses an electronic questionnaire in all trials. The Court does an initial cut for hardship and then the parties will meet and confer on any stipulated strikes for cause. The Court will resolve any disputes and begin in person voir dire with all remaining jurors. The lawyers are then permitted to question the panel. The Court does not impose time limits on voir dire but expects counsel to use their time efficiently.

Courtroom Etiquette

Counsel should feel free to sit or stand at counsel’s table, or use the podium. I want the attorneys (and the parties) to be as comfortable as possible. One exception: I am very strict about approaching witnesses – always ask permission before doing so.

Other Courtroom Policies and Recommendations

My staff will often communicate with attorneys and their staff by email for various reasons. If one of my staff members contacts you by email, please respond promptly, even if it is just to acknowledge the email and estimate when you will be able to respond substantively. While I understand email etiquette frowns on a reply to all, in the case of emails from the Court it is essential to avoid ex parte communications. We will never contact just one side and the parties must make sure that everyone is copied on all communications to the Court.  
 
On a related point, the parties or their lawyers should not copy the court on their email spats. The Court will not consider them and it just makes everyone look less professional.  
 
I try to make myself as accessible to the parties as possible. Attorneys may contact my Judicial Assistant if a problem arises that I would likely be able to address through a brief status conference.  
 
If something has been pending and you have waited for a reasonable amount of time but have not heard from us, please reach out to my staff. Keep in mind, however, that we often have to allow time to pass before we act, to give the opposing party a chance to respond or for a variety of other reasons. My staff works very hard. Please be courteous to them.